logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.10.27 2016가합201115
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status (1) The network D (hereinafter “the deceased”) is a person who died of the following accidents while driving the E-motor vehicle (hereinafter “the instant vehicle”). The Plaintiff is the wife of the deceased, the Plaintiff B, and C. The deceased’s children.

(2) The Defendant is a construction manager of Gun roads No. 20, 20, Dog-do, a national map of the flag of the Dog-School, the name of the Dongg-dong, Seoglbuk-gun (hereinafter “instant roads”).

B. Around 09:50 on June 29, 2012, the Deceased, while driving the instant vehicle on the road from the 09:50 on the G side of the Gyeongdong-gun, caused an accident where the retaining wall and the fallen released wall installed on the opposite side of the road, which caused the accident to go to the left side by the collision of the retaining wall and the falling released wall installed on the opposite side of the road and the left side of the instant vehicle, due to the negligence of violating the safety driving duty, while driving the instant road on the road from the Fsidek-gun to the G bank. Accordingly, the Deceased died on the spot.

(hereinafter referred to as “instant accident”. 【Attachment No. 1’s ground for recognition, the fact that there is no dispute, Gap’s evidence No. 1 through 4, Eul’s evidence No. 1, and the purport of the entire pleadings.

2. Determination as to the occurrence of liability for damages

A. (1) According to the Plaintiff’s assertion (A) the design speed of the instant road is 40 km per hour, and in accordance with the Rules on the Standards for Structure and Facilities of the Road, at least 50 m to 60 m in parallel, the nearest radius of the instant road shall be 50 m or 60 m., but when based on the paper plan of the instant road, the parallel name of the instant accident location is merely 12m in parallel with the standards prescribed in the said Rules.

(B) From the instant accident point, there is a signboard "12.4% of an indoor slope 12.4%" indicating gradient in the first top part of approximately 570 meters away from the instant accident point, but in fact, there is a signboard.

arrow